The abolition of land law raises “the question of the indivisibility” of the Republic

2024-02-14 14:04:45

“The French Republic is indivisible, secular, democratic and social” states the first article of the Constitution… Indivisible, really? This is the reservation that Laurent Fabius, president of the Constitutional Council, places on the project of the abolition of the right of soil in Mayotte, a revision of the Constitution, announced by Gérald Darmanin on Sunday. Recalling that the Council does not examine revisions to the Constitution, Laurent Fabius raises the question of “the indivisibility of the republic”.

The question of the indivisibility of the Republic

“The situation in Mayotte is specific, so a specific text is needed” recalls Laurent Fabius. But at the same time, “the Republic is one and indivisible”. How to reconcile the two? “I’m not giving the answer today, but obviously it’s one of the questions,” he believes.

Learn more about Mayotte

According to article 89 of the Constitution, a constitutional revision requires agreement by the Assembly and the Senate before adoption by a three-fifths majority of parliamentarians meeting in Congress or by referendum. However, the Constitutional Council is not consulted during a revision of the Constitution because in its jurisprudence, it considers that the “constituent power” (parliamentarians or people) is “sovereign”, and therefore that it does not have to control the constitutionality of a constitutional law.